Psychiatric Malpractice

Updated

Jul 23, 2018

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The attorneys at Morgan & Morgan are familiar with the devastating
effects psychiatric malpractice or negligence can have on a patient
and/or their family. A psychiatrist, as a medical professional, owes
patients and their families, a certain duty of care. If this duty of
care is broken, patients may be further traumatized, develop a fear of
seeking help, or commit suicide. Our attorneys understand the delicate
nature of these cases and
have the resources necessary to help injured patients recover
compensation for their suffering.

If you or a loved one has been the victim of psychiatric malpractice or
negligence, you may be entitled to compensation for damages. To have
your claim reviewed by one of the psychiatric medical malpractice
attorneys at our Florida offices, please fill out our no cost, no
obligation case review form today.

What is Psychiatric Malpractice?

Patients who seek the counsel of a psychiatrist are often vulnerable
and, in some cases, unstable. They expect the mental health professional
in whom they confide to offer a system of support that may be otherwise
unattainable. As a medical professional choosing to specialize in this
intimate field, psychiatrists must provide a level of care that is
reasonable and reassuring. They must also act as other psychiatrists
would act in a similar situation. When this duty is breached, the
psychiatrist may be liable for any resulting damages.

Some examples of psychiatric malpractice include:

Physical abuse

Emotional abuse

Sexual relationships with patients

Failure to document medication history, including dosage and basis for
prescription

Failure to obtain information

Failure to properly diagnose the patient

Negligent use of psychopharmacologic agents

Failure to obtain informed consent

Revealing information protected by confidentiality, unless necessary
for the safety of the patient or others

Abandonment

Misdiagnosis

Negligent psychiatric hospital care

Negligence in supervision

False imprisonment or the use of restraints

Is There an Extra Legal Duty to Suicidal Patients?

A psychiatrist’s legal duty varies by case, and depends on the level of
care required by the patient and his or her mental state. In cases of
suicide, the standard of care a psychiatrist must meet hinges on the
doctor’s assessment of the patient’s suicidal risk, rather than the
prediction of such an event. In suicidal patients, a doctor may be
liable for damages if they could have or should have reasonably noticed
a foreseeable risk of injury and failed to act.

If a psychiatrist misses or fails to report the following, he could be
held accountable for the patient’s death:

Failing to notice signs that a patient may be a risk to themselves or
others;

Failure to prevent patients from harming themselves;

Documenting the first suicidal risk assessment, and not others;

Failure to monitor a suicidal patient;

Failure to evaluate the environment and safety of a suicidal patient;
and

Failure to warn a third party when there is an imminent threat of
harm, as required by law.

How Can a Lawyer Help Me File a Claim for Psychiatric Malpractice?

To have a successful claim for medical malpractice or negligence, it
must be established that:

There was a doctor/patient relationship in which the patient was owed
a certain duty of care.

The practitioner violated that duty of care, either through negligence
or exceeding permissible occupational boundaries.

The patient experienced pain, suffering, or death as a result of the
breach.

There was a causal link between the breach and the injury suffered by
the patient.

A medical malpractice attorney can collect evidence, conduct witness
statements, and review doctor’s files to substantiate your claim and
prove the causal connection between the breach of duty and injury.

If you or someone you know has been the victim of psychiatric medical
malpractice, you may have legal recourse. To have a psychiatric injury
attorney at our firm review your claim, please fill out our free case
evaluation form today.